Welcome to Trustify, and thank you for your interest. These Terms of Use constitute a legally binding agreement between you and Trustify (“Trustify,” “we,” or “us”) concerning your use of Trustify’s service (“Service”). Please read these terms carefully and keep a copy for your records.
Your Account
Subject to Your complete and ongoing compliance with these Terms, Trustify grants You, solely for Your access to and use of the Service, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service strictly following these terms of use.
Feedback
If you opt to provide feedback to Trustify, including suggestions for modifications or improvements to the Service (“Feedback”), you hereby grant Trustify an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use and exploit the Feedback in any manner and for any purpose, including to enhance the Service and create other products and services.
General Payment Terms
Fees:
Users of Trustify are required to pay the fees as outlined in Trustify’s pricing plan, which may be updated periodically, or any other order forms for the Trustify Service that are accepted in writing by Trustify. Trustify reserves the right to modify its pricing plan at any time, and any changes will take effect in the next billing cycle. All fees are due and payable as part of Trustify’s 30-day billing cycle. Payment obligations are non-cancelable and non-pro-ratable for partial months, and fees paid are non-refundable, except as expressly set forth herein. Users are solely responsible for collecting and paying any fees associated with transactions between the User’s end-users and the User.
Taxes:
All amounts and fees mentioned in these Terms are exclusive of taxes, duties, levies, tariffs, and other governmental charges (“Taxes”). Users are responsible for the payment of all Taxes and any related interest and/or penalties resulting from any payments made hereunder, except for any taxes based on Trustify’s net income.
Your Use of the Service
You commit to adhering to all relevant laws and regulations governing your utilization of the Service, encompassing, but not restricted to, obligations under automatic renewal and data protection legislations.
End users
Roles
For the scope of this Agreement, Trustify acts as a “service provider” to you, while you are designated as a “customer” of the Service. This designation holds true whether or not fees are paid to access the Service. Individuals accessing or utilizing your Content are considered your “End Users.” You acknowledge that Trustify does not maintain a direct association with any of your End Users and is not accountable for how you handle or process any End User information. You are solely responsible for (1) issuing any mandatory notifications and (2) securing all requisite End User consents as dictated by relevant data protection and marketing regulations.
Applicable laws
You might bear additional legal obligations under local jurisdictions beyond those outlined in these Terms, especially if either you or your End Users are situated outside of the United States. These obligations may impose stricter standards than what is stipulated in these Terms. Employing the Service does not guarantee compliance with such laws, nor is Trustify liable for ensuring your compliance.
Security safeguards
You are obliged to exert reasonable efforts to safeguard information gathered from End Users through your use of the Service, including personal data acquired from unauthorized access to your Account. You are exclusively responsible for setting up and enforcing security measures to effectively manage and secure your website cookies, headers, DNS configurations, and subdomains, along with any related web attributes. Should you discover any End User information collected by you has been breached, compromised, or unintentionally disclosed to unauthorized third parties, you must promptly inform Trustify of the breach or exposure, including the underlying cause, remedial actions taken, and measures implemented to prevent future breaches.
Security notification
You are accountable for disseminating any necessary notifications to your End Users, third parties, or relevant authorities pursuant to applicable data breach notification regulations and associated laws. You acknowledge and consent that you bear sole responsibility for any losses, personal injuries, or property damages incurred by End Users arising from or connected to your use of the Service.
Privacy
As previously stated, you recognize and accept that you bear sole responsibility for supplying any required notifications and securing all necessary consents from End Users in relation to your use of the Service. Your notifications and consents must adhere to all relevant data protection and security legislations. Prior to collecting or using any End User information, you must provide comprehensive notification of the data you collect, how it will be utilized and/or shared, and acquire any requisite consents as mandated by applicable data protection legislations. You commit to complying with all pertinent data protection legislations in connection with your access and use of the Services. You will address any End Users seeking to exercise their privacy rights, in accordance with the relevant law, pertaining to any information collected via your use of the Services. For instance, if End Users located in certain jurisdictions may exercise a “right to be forgotten” (or “erasure”) concerning the information you have collected about them, you shall honor their request as dictated by applicable law. To clarify, you (or the “data controller”) are directly accountable for the End User information you instruct Trustify to process when you utilize the Service, including any information you instruct a third-party application (accessible via the Service), to process. Trustify is not a data controller of End User information and is not responsible for addressing End Users on your behalf. To the extent Trustify receives a request from an End User or authority regarding your use of the Service, Trustify will notify you in compliance with or as permitted by law. If applicable, Trustify shall process your End Users’ personal information in accordance with our Data Processing Addendum, which is hereby incorporated by reference.
Notice
You agree to furnish and adhere to a privacy policy for your use of the Service that: (i) aligns with all pertinent laws, rules, and regulations, (ii) is prominently displayed to all End Users, and (iii) clearly and accurately delineates to End Users the information you collect (such as login details, contact form data, cookies, etc.) and how you utilize and share such information (including for marketing and advertising) with Trustify and other third parties.
Your Content and Responsibilities
Content Generally
Certain features of the Trustify Service allow you to upload various types of content, such as photos, videos, images, data, text, and other works (“Content”). You maintain all the copyrights and other proprietary rights to your Content.
Content License:
By posting your Content to any part of the Site, you automatically grant, represent, and warrant that you have the right to grant to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, edit, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Content (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media format or technology now known or hereafter developed, through any media channels without prior notice.
Content Representations and Warranties
Trustify disclaims any and all liability in connection with all Content that you upload or otherwise provide to or via the Service. You are solely responsible for all Content that you upload or otherwise provide to or via the Service and the consequences of uploading or otherwise providing such Content to or via the Service. By uploading or otherwise providing any Content to or via the Service, you affirm, represent, and warrant that:
1. You are the creator and owner of all Content that you upload or otherwise provide to or via the Service, or you have the necessary licenses, rights, consents, and permissions to authorize Trustify to use and distribute such Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Trustify, the Service, and these Terms;
2. All Content that you upload or otherwise provide to or via the Service, and the use of such Content as contemplated by these Terms, does not and will not:
– Infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
– Slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; or
– Cause Trustify to violate any law or regulation;
3. All Content that you upload or otherwise provide to or via the Service could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
Content Disclaimer
Trustify is under no obligation to edit or control Content that you or other users post or publish and is not and will not be in any way responsible or liable for such Content. Trustify may, however, at any time and without prior notice, screen, remove, edit, or block any Content that it determines in its sole discretion violates these Terms or is otherwise objectionable. You understand that when using the Service, you will be exposed to Content from a variety of sources and acknowledge that such Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do hereby waive, any legal or equitable right or remedy you have or may have against Trustify with respect to such Content. If Trustify is notified by a user or Content owner that such Content allegedly does not conform to these Terms, it may investigate the allegation and determine in its sole discretion whether to remove the Content, which it reserves the right to do at any time and without notice. For clarity, Trustify does not permit copyright-infringing activities in connection with the Service.
Monitoring Content
Trustify does not control and does not have any obligation to monitor:
– Content, including any Content made available by third parties; or
– The use of the Service by your customers.
You acknowledge and agree that Trustify reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Trustify chooses to monitor any Content, it still assumes no responsibility or liability for Content or any loss or damage incurred as a result of the use of such Content. During monitoring, information may be examined, recorded, copied, and used in accordance with Trustify’s Privacy Policy.
Our Rights
Trustify’s Intellectual Property:
All materials on our Sites and in our Services are the intellectual property of Trustify. Trustify retains all rights to Trustify App and any of its updates.
Unless explicitly stated, the Site and all source code, databases, functionality, software, content, and marks on our Sites and Services are owned or controlled by us or licensed to us. Our properties are protected by copyright and trademark laws, other intellectual property rights, and unfair competition laws of the United States, International Copyright laws, and international conventions. The Content and Marks provided on the Site are for your personal use only. No part of the Site and no Content or Marks may be copied, reproduced, modified, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express permission, except as expressly provided in these Terms of Use.
If you are eligible to use our services, these Terms of Service authorize your limited access and usage of our Service to copy and/or download content that you have properly requested access to for your personal and/or non-commercial uses. You or any third party are not granted licenses to use any of our App or registered properties. Materials contained in our Service should not be interpreted as granting licenses or rights, by implication or estoppel, to use any of our Marks without our expressed consent.
Prohibited Actions
When using the Service, you agree not to:
- Use the Service for any illegal or unauthorized purposes, violate the rights of third parties, or engage in fraudulent activities.
- Interfere with the operation of the Service, including uploading or disseminating viruses, unauthorized access to servers, and making unsolicited offers or advertisements.
Liability Disclaimer
To the fullest extent permitted by applicable law, Trustify, its officers, directors, employees, and agents shall not be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from your use of the Service or any interactions with other Trustify users.
No Warranties
The Service is provided “as is,” without warranty of any kind, either express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Trustify makes no warranties or representations about the accuracy or completeness of the content provided through the Service or the content of any sites linked to the Service.
Termination/Access Restriction
You may terminate your account at any time by uninstalling the Trustify Service from your website. Trustify reserves the right to terminate or suspend your access to the Service without prior notice. No refunds will be provided for any suspension or termination of your account.
Miscellaneous
Electronic Communication:
Visiting the Trustify website or sending emails to the Trustify team constitutes electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
International Users:
The Trustify Service is controlled, operated, and administered by Trustify from our offices within Vietnam. If you access the Trustify Service from a location outside Vietnam, you are responsible for compliance with all local laws. You agree not to use the Trustify Content in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Relationship:
The Trustify Terms and your use of the Trustify Service do not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Trustify and you.
Assignment:
Neither you nor Trustify may assign, transfer, or sublicense this Agreement or any of its rights or obligations under this Agreement without the other party’s prior written consent.
Dispute Resolution:
All claims and disputes arising out of this Agreement will be resolved exclusively through a competent court located in Vietnam, governed by the laws of Vietnam.
Governing Law:
This Agreement is governed by the laws of Vietnam, and you consent to the exclusive jurisdiction and venue of the courts in Vietnam in all disputes arising out of or relating to the use of the Trustify Service.
No Waiver:
Failure by us to take action on a violation of these Terms does not constitute a waiver of our rights under these Terms.
Entire Agreement:
These Terms of Use represent the entire agreement between you and Trustify and supersede all prior or contemporaneous agreements, representations, warranties, and understandings.